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Inicio arrow newsitems arrow ECHR to hear Muslim Woman's plea against Sharia Law in EU Member Greece, while Erdogan visits

ECHR to hear Muslim Woman's plea against Sharia Law in EU Member Greece, while Erdogan visits

Escrito por ACM
29.11.17

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*Strasbourg/Angelo Marcopolo/- While, for the 1st Time in 65 Years, a Turkey's President will be Visiting Greece, where he wants to meet also with a Muslim Minority of Greek Citizens at a Province, ECHR's Great Chamber will hold a Public Hearing on Sharia's applicability in Europe nowadays, Next Week in Strasbourg, after a Complaint lodged by a Muslim Woman with Greek Citizenship who asks to Protect her Family's Right Not to be Submitted to Islamic Sharia Law, even against their Freely and Clearly Expressed Will.


Her Husband had decided, in a Will signed in front of a Notary, to leave all his belongings to his Wife. But, after his Death, some Relatives sued his Widow to the Courts, claiming that Sharia Law should Exclude the ordinary Civil Law, and, therefore, he would Not be Free to Decide about his own Inheritance, since Sharia would be Imposed instead.


The only Property, included in the Disputed Heritage, which could be used as a Home, is the Half of an Appartment, while he Widow of the Deceased Man denounces that his Relatives ask, in fact, to get for them 2/3 of her Husband's belongings.


0n August 2016, ECHR raised 2 Questions, to all parties involved, about the Respect of Human Righs to "Fair Trial" and "Private Property", vis a vis such claims to Impose Sharia Law on EU Citizens of Muslim confession, even against their will, and by Excluding the ordinary Civil Law applicable to all other EU Citizens living in Europe.


Sharia Law has been remplaced by ordinary Civil Law even inside Turkey itself, already since the 1920ies, but Ankara's Authorities reportedly persist to Claim that it should apply, nevertheless, to all the Muslim Minority with Greek Citizenship living in Western Thrace, which is part of the EU.


In the Past, such Decisions affecting Citizens' Rights in Society, as Settlements of Disputes about Alimonies, Guardianship, Emancipation of Minors, Wills and Inheritance, in addition to Separations and Divorce, etc., had been reportedly assigned to the Competence of Civil Servants appointed and monitored by the State of Greece. But after the 1920ies, they were transfered to Muslim Muftis, even if they tresspassed their strictly Religious duties.


This was Later Doubled also by a Parallel, separate Dispute, about the Choice of Muftis for the Muslim Minority of Greek Citizens living in Western Thrace (Greece), while Muftis educated in Turkey (whenever they might, eventually, officiate afterwards inside Europe, USA, or elsewhere in the World), are notoriously Chosen, Trained, Appointed and Monitored by Ankara's Government, (instead of any Independent Religious Community).


Initially, the embattled Widow won her cases to the 1st and 2nd Level Greek Courts from 2008-2011, which defended her Husband's Right to Freely Decide to whom he wants to transmit his personal Belongings, according to the Ordinary Civil Law applicable to all EU Citizens in Europe, by evoking the principles of Equality and Non-Discrimination, Freedom, Private Property, etc.


But, Later on 2013-2015, the Highest Courts in Greece accepted he Husband's Relatives' claim that Islamic Sharia Law should be Imposed to all Greek Citizens of Muslim Confession living at the Western Thrace Province, argying that this would still result from the 1920 Treaty signed at Shevres (France) and the 1923 Treaty of Lausane, as ECHR noted.


Meanwhile, the current Prime Minister of Greece, Alexis Tsipras, has reportedly prepared Recently a Draft Law which Confirms all Greek Citizens' Right to use, in Equal conditions as all other EU Citizens, the ordinary Civil Law and Courts, if they wish so, without being Obliged to be Submitted to Islamic Sharia Law, unless Members of that particular Muslim Minority ask for it.


'''Controversies against Recent Claims to apply the Islamic Sharia Law in Europe have reportedly Emerged not only in Bosnia-Herzegovina (Western Balkans), but even in core EU Member Countries cush as Germany and France (where this was Strongly Rejected), as well as (even "Hotter") in the UK, etc, almost in Parallel with the Rise and Decline of "Islamic State"'s Deadly Terrorists, cowardly Targetting innocent Civilian People in systematic Brutal Aggressions, (Decapitations, Bombings, Mass Shootings, Car/Lorry crashes over pedestrians, Axe/Knife/Manchette Attacks, etc).


So that Next Week's ECHR Public Hearing in Strasbourg has attracted a quite Widespread Attention, both accross Europe and elsewhere in the World, as far as General Principles of Human Rights may be affected, judging by Press Articles published on that issue, and the 3rd Party Interventions of relevant NGOs, such as that of "Christian Concern" (UK), Helsinki Monitor for Greece (GHM), Hellenic League for Human Rights, etc., with written observations.


Erdogan (as well as his Government's Ministers) have been notoriously Hindered to Speek in Public Meetings of Turkish Immigrants recently in EU Countries such as the Netherlands, Germany, etc., after Harsh Criticism and various Troubles, but Foreign Minister Cavusoglou was authorized to do so inside a Building in France, and now the Turkish President asked and was authorized by Athens' Government to meet Greek Citizens of Muslim Confession at a Province located near the Borders between EU Members Greece and Bulgaria with Turkey, in Western Thrace, (North-East Greece).

 

(../..)


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People in Europe and the World expect from CoE to make a succes of its "Monitoring" for Human Rights and Democracy, despite difficulties, said Finland's President Tarja Halonen to "EuroFora" at a crucial moment for the mecanism built 15 years ago by the paneuropean organization which celebrates its 60th Anniversary in 2009.

Halonen, known as "Mother" of CoE's "Monitoring" mecanism, a long-time MEP and former Foreign Minister before becoming Finland's President, holds a long experience in the mattter, after also serving twice as CoE and EU Chairwoman in the past. That's why she is well placed to judge how CoE's "monitoring" should deal today with some crucial issues of importance both to CoE and to the EU.

The move came just a Month before a crucial, last visit to Turkey, scheduled for June, by the President of CoE''s "Monitoring" Committee, Ukranian MEP Serge Holovaty, to finalize his Report on Ankara, the CoE Member State with the longest Monitoring procedure. From its results depends its overall credibility.

This is a Test-case, because, in fact, it's in order to avoid Sanctions threatened against Turkey by a CoE's Assembly's April 1995 Resolution for grave Human Rights violations, Democracy gaps, the continuing Military Occupation in Cyprus, the unresolved Kurdish problem, Aegean differend with Greece, etc., that MEPs decided to create, for the 1st time on April 1996, a "Monitoring" proces, allegedly destinated to check, without excluding Countries who did not fulfill all CoE's standards.

In the Past, the obliged withdrawal of Greece's Military regime and of its "Civil" cover-up out of the CoE had helped bring back Democracy in 1974. But, on the contrary, since April 1996, the idea was to "monitor" Human Rights' respect while keeping most concerned Countries inside the CoE. After Turkey's oldest example, this was extended also to several former "Eastern" European Countries, even if CoE's Assembly has imposed to some of them (fex. Ukraine, Russia, etc., after Belarus, Serbia, etc) various "Sanctions", that Ankara always avoided. Curiously more succesful even than .. USA itself, (a CoE "Observer" since 1995), which has been at least threatened with sanctions some years ago..

EU-effects of CoE's Monitoring process became obvious between 2001-2008, since the "closure" of this procedure, when CoE felt that a Country had met most of its Human Rights, Democracy and Rule of Law obligations, (i.e. the "Copenhagen Criteria" for the EU), helped trigger Negotiations with the EU for "Accession" or other closer relations : This occured already before the 2004 and 2007 EU Enlargements to former "Eastern" European Countries, as well as for the commencement of "accession" negotiations with Croatia, and of "open-ended" negotiations with Turkey in 2005.

    But a stricking new development are Holovaty's recent findings that on core Human Rights issues as Torture and Freedom of Expression, Turkey, even "5 Years after" CoE closed its "Monitoring", back in 2004, inciting EU to start accession Negotiations in 2005, still presents grave problems.

    His findings are of crucial importance after a 2008 CoE Resolution called, "if need be", to "seriously consider the possibility of Re-Opening the Monitoring procedure for Turkey" : A move which might affect Ankara's controversial EU bid, since EU Accession Negotiations are based on the Hypothesis that the Candidate fullfils the "Copenhagen Criteria" (See above)..
-------------------------
    Holovaty expressed his will to check  "Matters still Outstanding" and  those that he "didn't have an opportunity to discuss" at an earlier visit this year, "in order to discuss the more complex issues in greater depth", at his forthcoming New Visit to Ankara, before the December 2009 EU Summit.  This is all based on the 2004 CoE Resolution which stresses that, CoE "will continue.. post-monitoring Dialogue with the Turkish authorities,...in addition to a 12-points list,..and on any Other Matter that might arise in connection with Turkey’s Obligations as a CoE member state".

    CoE's Resolution also asks  from Turkey "to secure the proper Implementation of Judgements, particularly in the Cyprus v. Turkey InterState case", of 2001, which concerns also the plight of many Hundreds of MISSING People. It adds Turkey's obligations to "execute" ECHR's Judgements in the Loizidou case,..and in particular adopt General Measures to avoid repetition or continuation of Violations found by the Court" to the detriment of Refugees.

    Nevertheless, Holovaty said to "EuroFora" that "MISSING" persons,"might be included" and cannot be excluded, but he has yet to examine the situation "to find out  which issues will be raised" to the Turkish Government.

    Therefore, "EuroFora" asked Halonen, as the Historic "Mother" of CoE's Monitoring mecanism, if she thought that, "whenever there are grave Human Rights Violations, as fex. "MISSING" persons, attested even by ECHR's judgements, they should be always checked by a Monitoring process. Or could they be forgotten ?"
    
     - "We (CoE) must be, at the same time, Fair, Realistic, but not in the mind that "now we have Forgotten", etc., replied to "EuroFora"'s question Halonen, speaking as a matter of general principle.

    - "When we think of those People that are suffering from the lack of Democracy, of Human Rights, and of the Rule of Law", "we should find a base on how to deal with the (Monitoring) system more rapidly"', she stressed.

    - "Sometimes it's very difficult to combine Transparency and Effectivenes together, particularly in this specific case", she went on to say. But, "I have not found a (CoE Member) Country who could be insensitive in this sens", Halonen answered concerning grave Human Rights violations attested by the ECHR.

    - "I have no ready-made answer. I have the expectations that you, in the CoE, will, step by step, find the different types of the monitoring systems."

    Also "because this is a part of the UN's Post-Conflict system, (fex. when it comes to Cyprus' MISSING persons), and it's a more Global system". So that, "If we make a succes in Europe, the others will follow", throughout the World.  "But they expect that we (Europe) are this opportunity, this Opportunity to make a Succes", Halonen concluded.

    In addition, she advised to extend CoE's Monitoring to all its 47 Member States, "because, as long as we hear that, all these monitoring systems are "OK for the neighbor, but not for me", "it's very difficult" to understand. Something which could make easier to Compare...

    Finnish MEP Jaako Laakso, former CoE Rapporteur on the Occupied Territories of Cyprus and one of the 5 Signatories of the Historic CoE's call to create the "MONITORING" mecanism since 1996, was more specific :  - "We (CoE Assembly) have to find a way for the issue of Cyprus' MISSING People to be better followed", he stressed, anouncing his intention to "speak to Mr. Holovaty" about that. "There might be also other ways", added Laakso.

    - The 2008 "Year had been a very Bad one for Turkey with regard to Human Rights in general, and Freedom of Expression in particular", denounced, meanwhile, Holovaty's preliminary Post-Monitoringh Draft Report by Holovaty, published by the CoE on April 2009.

    "Amnesty International believes that freedom of expression is not guaranteed given the various articles of the Criminal Code that restrict it. .. "For example, 1,300 Websites are said to have been closed down by the (Turkish) authorities in 2008" ! While "the new Turkish Criminal Code was used to bring a total of 1,072 proceedings between June 2005 and April 2008, and led to the conviction of 192 people", for expressing views. "Representatives of the Özgür Gündem newspaper, which specialises in Kurdish affairs, ..complained about Numerous Attacks on their Freedom of Expression ...as was everyone who advocated a settlement to the question by means other than the intervention of the army" "According to their figures, 19 Newspapers had been suspended 43 times between 4 August 2006 and 4 November 2008" !...

    Moreover, on 2008,  CoE's "Ministers adopted its 4rth Resolution on the execution of the judgments of the ECHR, ...and outstanding issues regarding 175 Judgements and decisions relating to Turkey delivered between 1996 and 2008...  concerning Deaths resulting from the excessive use of force by members of the Security forces, the failure to protect the right to life, the DIisappearance and/or death of individuals, Ill-Treatment and the Destruction of property". CoE's " Ministers urged the Turkish authorities ...to ensure that members of Security forces of all ranks can be prosecuted without administrative
authorisation" for "serious crimes". Holovaty reminded.

"Nonetheless", Holovaty heard anew of "Several cases of Violence committed last year (2008) by the (Turkish) security forces". Amnesty International speaks of Many Cases of ill-treatment and Torture in the prisons and by the police". "Including, fex."'the death of Engin Ceber, a young man of 29 who died on October 2008 as a result of the TORTURE allegedly inflicted on him by police officers, prison staff and members of the gendarmerie. He was part of a group of people arrested on September 2008 during a demonstration and Press Conference in Istanbul'. Proceedings against suspects are "on-going" in this case.

- " I therefore noted an Obvious Contradiction between the Government’s stated “zero tolerance” policy.... of Torture and other forms of ill-treatment, and the different testimonies given", denounced CoE's Rapporteur.  Turkish "authorities must make considerable efforts to guarantee that proper investigations are carried out into allegations of abuses by members of the security forces and that perpetrators are effectively punished" "In this respect, I have requested detailed Statistics on the number of Investigations, acquittals and convictions in cases involving allegations of abuse in order to show the positive impact of the measures taken to date", Holovaty said, repeating a permanently unsatisfied CoE's demand to Turkey since a Decade...

    - "The Political Crisis that shook the country in the spring of 2008 highlighted the Weaknesses of the (Turkish) Constitution", which comes from the Military regime of 1982, "and the Urgent Need of Reforms", stressed from the outset CoE's Rapporteur in 2009. In particular, "the ...Democratic functioning of state institutions, including the independence of the judicial system, are crucial", he observes.

    But, "the Electoral  system and the ways in which it is circumvented do not appear to give those elected complete Legitimacy, and tend to pervert the course of direct universal suffrage", denounces Holovaty, observing that, even 5 Years later, Turkey did not yet change the 10% nationwide Threshold for a party to take any seat, which is "far higher" than the "3%" maximum in Europe and already condemned as contrary to European Standards by the CoE.

    + Moreover, EU Parliament's 2009 Report on Turkey, drafted by Dutch MEP Ria Oomen-Ruijten and adopted in Strasbourg on March, expresses "Concern over the Failure of the (Turkish) Judiciary to prosecute cases of Torture and Ill-treatment, the Number of which is Growing". EU also "is concerned about continuing Hostility and Violence against Minorities" in Turkey. It also "calls on the Turkish Government to launch, as a matter of Priority, a Political Initiatve favouring a lasting Settlement of the Kurdish issue, (while "condemning violence.. and terrorist groups"). EU "regrets that No progress has been made on establishing full, systematic Civilian suprevisory functions over the (Turkish) Military".

    The final results of Holovaty's 2nd and last visit to Turkley will be known later this year, and, at any case, before EU's December 2009 Summit.

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